October 23, 1996, 5:30 p.m.
Present:
Councilmembers:Vern W. Jones (Adminis. Ass't.), Joanne Lessar (City Recorder), Pat Larsen (Finance Director), Nick Sampinos (City Attorney), Gary Sonntag (City Engineer), Cobb Johnson (Public Works Dir.), Aleck Shilaos (Chief of Police), Roy A. Nikas, Betty P. Wheeler, Joe L Piccolo, Steve Bringhurst, Stephen L. Denison,
Absent and Excused: Mayor Lou Colosimo
Others Present: Lane Miller, Kathy Hanna,
Ray Morley
Councilmember Nikas led the Pledge of Allegiance. Roll was called with the
above members in attendance.
1. MAYOR PROTEMPORE - Roy A. Nikas
MOTION. Councilmember Bringhurst moved that in the absence
of Mayor Lou Colosimo, that Councilmember Nikas be appointed as Mayor Protempore. Motion
seconded by Councilmember Wheeler and carried.
2. DEATH OF FORMER MAYOR J. BRACKEN LEE - Sympathy Expressed
On behalf of Price City, Mayor Protem Nikas expressed his condolences to
the family of J. Bracken Lee, former Mayor of Price who passed away. Mr. Lee was Mayor
from 1936 to 1947. Several significant capital improvement projects took place during that
time. The most notable was the construction of a major waterline from Colton to Price and
the construction of water storage tanks to replace open reservoirs. The Council expressed
their sympathy.
3. MINUTES - October 9, 1996
The following addition was made to the minutes of October 9, 1996.
Item #4 - Add Paul Wheeler and Pat Larsen to the committee.
MOTION. Councilmember Denison moved that upon the above
addition, that the minutes be approved. Motion seconded by Councilmember Bringhurst and
carried.
4. CARBON COUNTY TRAVEL BUREAU - Price River Parkway
Lane Miller, Carbon County Travel Bureau, reported that a meeting was held
with local officials to discuss the possibility of constructing a Price River Parkway,
similar to the Helper Parkway. It was the concensus of those present that the benefits
outweighed the work and problems that would need to be resolved. As the residents of
Spring Glen opposed the continuation of the Helper Parkway along the river, it was
recommended that another route be planned. The parkway could extend to Helper, through
Price, and into Wellington. The Carbon County Commmision adopted a resolution supporting
the parkway. Mr. Miller asked the Council for their support and adoption of a resolution.
MOTION. Councilmember Piccolo moved that the Council support the Price River
Parkway and that a resolution be prepared. Motion seconded by Councilmember Wheeler and
carried. The Council appointed Councilmembers Wheeler and Bringhurst to represent the City
on the committee for the parkway.
MOTION. Councilmember Bringhurst moved that the meeting
adjourn and that a meeting of the Redevelopment Agency convene. Motion seconded by
Councilmember Denison and carried.
Meeting adjourned at 5:39 p.m.
Reconvened at 5:49 p.m.
5. HELPER INTEMOUNTAIN THEATER CHRISTMAS PRODUCTION - Sponsorship and Contribution
Approved
MOTION. As the Helper Intermountain Theater's Christmas
Production will be presented at the Geary Theater in Price, Councilmember Bringhurst moved
that Price City sponsor the production and contribute $500 towards expenses. Motion
seconded by Councilmember Denison and carried.
6. DONNA MARTINO - Disconnection of Utility Services - Struck
7. FLEET POOL - Discussion and Direction To Investigate
Pat Larsen explained the concept and operation of a fleet pool. As
there is no restriction on the amount of the fund balance in a fleet pool, funds can be
accumulated to purchase all equipment. Each department would be charged accordingly for
using the equipment and for maintenance. A depreciation figure would also be allowed. This
procedure would make it possible to trade in and purchase new vehicles on a regular basis
instead of maintaining them forever. MOTION. Councilmember Piccolo moved
that Pat Larsen and Cobb Johnson be directed to investigate this further and report back
to the Council. Motion seconded by Councilmember Bringhurst and carried.
8. IMPACT FEES - Struck
9. CENTRAL SCHOOL BUILDING - Update
Councilmember Wheeler reported that nothing has developed on the Central
School pertaining to rental or disposal of the building. The committee has been following
up on a few leads. Councilmember Bringhurst stated that the school district will probably
not make a decision until after the election. Councilmember Wheeler stated that she will
schedule another committee meeting to discuss this.
10. BOARD TERM LIMITATIONS - Tabled
The Council discussed the boards and commissions that the City has control
over. Councilmember Bringhurst recommended that this be researched to determine if there
are requirements and term limitations. MOTION. Councilmember Bringhurst
moved that staff be directed to conduct this research and report back to the Council.
Motion seconded by Councilmember Denison and carried.
11. ROAD STRIPING - Bidding Procedures Waived
MOTION. Councilmember Piccolo moved that permission be given
to negotiate with Peck Striping to stripe the roads up to the budget limit of $10,000.
Motion seconded by Councilmember Wheeler and carried.
12. EZ WORKOUTS, R & M JANITORIAL - 150 South 700 East, Conditional
Use Permit
Councilmember Piccolo reported that the Planning and Zoning Commission
gave a favorable recommendation to EZ Workouts and R & M Janitorial, 150 South 700
East, for a conditional use permit to operate two businesses in this building and to
construct a sign, subject to a satisfactory inspection by the Building and Fire
Departments. MOTION. Councilmember Piccolo moved that the businesses and
sign be approved per the above contingency and upon payment of the business license fee,
and that a Conditional Use Permit be issued. Motion seconded by Councilmember Bringhurst
and carried.
13. ED SHOOK, ROGER TAYLOR, JAMES CORDOVA, FRANCIS DUZENACK, LYLE BAUER,
SUDA MERRIMAN - Travel Approved
Mayor Protem Nikas presented the following travel requests and recommended
approval.
Ed Shook - Basic Internal Affairs, November 12-14, 1996, P.O.S.T.
Roger Taylor - Uniform Field Sobriety Testing, November 20, 21, 1996, P.O.S.T.
James Cordova - Field Training Officer, November 25-27, 1996, P.O.S.T.
Francis Duzenack - Utah Association of Plumbing & Mechanical Officials, November 19-23, 1996, St. George, Utah
Lyle Bauer, Suda Merriman - Utah Community Forest Conference,
November 6, 7, 1996, Park City, Utah
MOTION. Councilmember Denison moved that the travel be
approved. Motion seconded by Councilmember Bringhurst and carried.
14. LIBRARY AIDE - Permission To Advertise
MOTION. Councilmember Wheeler moved that permission be given
to advertise for the position of a Permanent/Part Time Library Aide. Motion seconded by
Councilmember Denison and carried.
15. RESOLUTION #96-12 - Establishing Job Description For Accounting
Technician/Secretary
MOTION. Councilmember Wheeler moved that Resolution #96-12,
establishing the job description for the position of Accounting Technician/Secretary,
Grade 6, be approved and that the Mayor and City Recorder be authorized to sign the
resolution. Motion seconded by Councilmember Bringhurst and carried.
16. ACCOUNTING TECHNICIAN/SECRETARY POSITION - Permission To Advertise
MOTION. Councilmember Piccolo moved that permission be given
to advertise for the position of a Permanent/Part Time Accounting Technician/Secretary,
and that a committee comprised of Councilmembers Nikas and Denison, Joanne Lessar, Pat
Larsen, Vern Jones, and Aleck Shilaos, be appointed to select and interview the applicants
and report back to the Council for approval. Motion seconded by Councilmember Denison and
carried.
17. UTAH CENTENNIAL CHRISTMAS TREE - Report
Vern Jones reported that he attended a meeting conducted by the U.S.
Forsest Service concerning the Utah Centennial Christmas Tree that will be shipped to
Washington, D.C. to be displayed at the nations capitol. Councilmember Wheeler, who is a
member of the Centennial Committee, further reported that this has been in the planning
stages for 3 years, and that quite a big event has been organized. Several invitations
have been mailed to attend the tree cutting ceremony in Huntington Canyon on Friday,
November 15th. The tree will be in Price on Saturday, November 16th, with a presentation
scheduled at the Peace Garden. Mayor Colosimo will be asked to speak at the event. The
tree will stop in Helper and then to Salt Lake for a presentation with Governor Leavitt.
Vern stated that the Centennial Committee would like to purchase special
banners to be placed on the street light poles from 2nd East to 1st West. Cost of the
banners is $1,350. Funds from the Cultural Connection budget will be used to purchase the
banners. He requested permission to expend these funds. Mayor Protem Nikas suggested
extending the banners to 3rd East, which would require 6 more banners. Cobb Johnson
expressed his concerns with placing the banners on the same side of the pole as the
Christmas decorations are on. Last year when banners were placed on the same side as the
Christmas decorations, the wind whipped them around and they almost ruined the
decorations. He recommended placing the banners on the other side of the pole. However,
additional mounting brackets would need to be purchased at a cost of $1,200. The Council
questioned the feasibility of this request, which could total $3,300. Is there a need for
these banners, as the light poles will already have Christmas decorations on them? Also
questioned was if the banners would be received and mounted in time, if they would be used
again, the schedule of the crews to install them, and if there are sufficient funds in the
budget. MOTION. Councilmember Piccolo moved that these concerns be taken
back to the Culture Connection Committee and let them make the decision whether to
purchase the banners. Motion seconded by Councilmember Wheeler and carried.
In addition to the above, the Culture Connection Committee had a number of other minor
requests, plus the closing of Main Street between 1st and 2nd East. MOTION.
Councilmember Piccolo moved that the Council support the Centennial Christmas Tree
celebration, that the street be closed and the other minor requests be approved. Motion
seconded by Councilmember Wheeler and carried.
18. GARBAGE TRUCK BIDS - Appointment of Committee
Cobb Johnson requested that a committee be appointed to review the bids
that will be opened on Thursday, October 31st, for the sale of a garbage truck. MOTION.
Councilmember Bringhurst moved that a committee comprised of Councilmembers Denison and
Nikas, Cobb Johnson, Pat Larsen, and Vern Jones, be appointed to review the bids and given
the power to act. Motion seconded by Councilmember Piccolo and carried.
19. EWA ENVIRONMENTAL - Drinking Water Source Protection Plan - Project
Schedule
Gary Sonntag presented a project schedule prepared by EWA Environmental
relating to the drinking water source protection plan. Work will begin in November and
finish approximately the middle of January, 1997.
20. WATER EXPANSION PROJECT, PUMP STATION/PIPELINE/TELEMETRY - Partial
Payment #11
MOTION. Councilmember Piccolo moved that Partial Payment #1
in the amount of $5,735 be paid to CRS Consulting Engineers for design work and
construction inspection completed to date on the Water Expansion Project, Pump
Station/Pipeline/Telemetry. Motion seconded by Councilmember Denison and carried.
21. SUPER 8 MOTEL - Development Agreement and Letter of Credit #07-95-43
Gary Sonntag reported that the City entered into an agreement with Ashwin
Amin of the Super 8 Motel for the installation of street improvements. A Letter of Credit
to guarantee the completion of the work was filed with the City. On April 24, 1996, the
City released 90% of the Letter of Credit, retaining 10% for a one year performance
guarantee consistent with the terms of the Development Agreement. Mr. Amin was notified at
that time that according to the bank, the Letter of Credit would expire on July 21, 1996,
and would need to be renewed in order to cover the required 10% retainage. However, Mr.
Amin did not renew the document. Mr. Amin was notified again about the renewal in a letter
dated October 8, 1996. The letter pointed out that if this was not complied, that they
will have breached the terms of the Development Agreement. Mr. Amin came to my office
several days ago to discuss this matter. I explained to him again the requirement of the
retainage and the necessity to maintain the Letter of Credit in sufficient amounts until
such time that it is released by the City. As of today, he has not complied with these
requirements. Gary recommended that a Demand be made to the bank on the Letter of Credit
for the funds that are necessary to cover the 10% retainage in the amount of $1,568.00. MOTION.
Councilmember Piccolo moved that the Demand on the Bank on the Letter of Credit be
approved as recommended. Motion seconded by Councilmember Denison and carried.
22. WORKERS COMPENSATION FUND OF UTAH - Change To Annual Term Policy -
Tabled
Joanne Lessar reported that Eric B. Torgersen, Account Manager for Workers
Compensation Fund of Utah, presented a proposal to change the City's current Continuous
Policy with a deposit of $14,093 to an Annual Term Policy without a deposit. This change
will save the City approximately $8,800/year. In as much as he sells insurance and is
familiar with Workers Compensation, Mayor Protem Nikas stated that the Workers Comp Fund
is changing many of their large policies to an annual policy so that if the policy is
cancelled during any term, there is a short rate cancellation which penalizes the insured.
In the past, many companies replaced their policies for a better deal on a month-by-month
or quarterly basis with no penalty for cancelling. This is the reason for the extra
incentive. By accepting an annual policy, the City would save money, but if it decided to
put Workers Comp out for bid and another plan was selected before the annual renewal, the
City would be penalized accordingly. MOTION. Councilmember Piccolo moved
that the proposed change be tabled and that staff be directed to investigate this. Motion
seconded by Councilmember Wheeler and carried.
23. BUSINESS LICENSE APPLICATIONS
The following business license applications were received:
Chelsy's Manor, 77 East Main, George H. Conk-Owner, Reception/Catering Center, (58) $100
Utah Wrestling Supply, 23 South Carbon Avenue #18, Andy Unsicker-Owner, Retail Sporting Goods (59) $50 Half Year Fee
The Scrapbook Shop, 98 South 300 East, Dalin E. Fausett-Owner, Retail Scrapbook & Photo Supplies, (59) $50 Half Year Fee
Chon Kandaris dba Help Advocates, 23 South Carbon Avenue #19, Chon Kandaris-Owner, Disability Representative (73) $50 Half Year Fee
Phone Directories Company, 190 South 200 East, Marc Bingham-0wner, Advertising Sales (59) $50 Half Year Fee
Vista Hospice of Utah, 23 South Carbon Avenue #16, Barry
Smith-Owner, Outpatient Care (80.8) $50 Half Year Fee
MOTION. Councilmember Wheeler moved that the businesses be
approved. Motion seconded by Councilmember Piccolo and carried.
24. WIX PLAZA (RICHARD MORLEY) - Lease Agreement
The Council discussed the lease agreement with Richard Morley for use of
the City's parking spaces for Wix Plaza. Mr. Morley declined to sign the five-year
agreement due to the elimination of the first right of refusal in the contract. Mr. Morley
attended the last Council meeting and requested that this be placed back in the agreement.
Mr. Sampinos stated that he conducted a research on the easement and trade Mr. Morley
referred to. He found that there is no trade. It is basically an easement that is 12' wide
and is measured from the back of Mr. Morley's building from the north and comes out to the
street. To accommodate everyones need to park in this area, the 12' wide strip is being
ignored and parking is occurring now within that 12' wide strip, although there is
sufficient room for ingress and egress. The easement was prepared as an accommodation by
all parties concerned. The Council directed Mr. Sampinos to write a letter to Mr. Morley
stating that after it was analyzed and discussed, that it is the Council's decision that
the agreement remain as prepared with the elimination of the first right of refusal. If
Mr. Morley does not sign the agreement, then he will need to be told he can no longer use
these parking spaces.
25. WATER AND UTILITY TRUCKS - Contracts Awarded
Cobb Johnson reported that the committee appointed to review the bids
received for the water and utility trucks awarded the contract to Mountain View Motors,
the low bidder.
26. FAZZIO WATER COMPANY - Update
Councilmember Piccolo reported that in a previous Council meeting, Price
City was asked to take over maintenance and control of the Fazzio Water Company located in
Carbonville. He would like more time to investigate this request. It may be that the cost
to maintain the line far outweighs the revenue from the sale of water. In addition, he
does not want to set a precedent where the City will be asked to take over all of the
outside water connections. The size of the present water line was also discussed, and if
it met City specifications.
27. SMUIN, RICH & MARSING - Audit Report FY1995/96 - Struck
Redevelopment Agency
Minutes
Meeting adjourned at 8:09 p.m.